TTAB Holds Registration of Two Similar Pet Product Marks is Cool
In a decision that is not citable, the Trademark Trial and Appeal Board (”TTAB”), held that COOL CAT PRODUCTS for pet collars and COOL CAT WHEATGRASS JUICE for a pet supplement are not confusingly similar, despite the fact that both products are marketed to pets.
The TTAB established that the opposer was the senior user of the mark COOL CAT, as it maintained, but found, using the duPont factors, that the products were marketed in different channels (the wheatgrass juice was found in health food stores), the nature of the goods was distinct, and the manner in which the products were marketed was distinct.
While the decision is not citable, the case can be valuable to practitioners for the TTAB decisions cited therein, particularly in cases where the marks are visually identical.